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Peter Schwartz and Julie Rathbone v. Citi Mortgage; Indymac Federal Bank; First Magnus

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


June 8, 2011

PETER SCHWARTZ AND JULIE RATHBONE, PLAINTIFFS,
v.
CITI MORTGAGE; INDYMAC FEDERAL BANK; FIRST MAGNUS FINANCIAL CORPORATION; QUALITY LOAN SERVICE CORPORATION; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; CHARTER FUNDING; JAMES SHERGILL; AND DOES 1-20 INCLUSIVE, DEFENDANTS. PETER SCHWARTZ AND JULIE RATHBONE, PLAINTIFFS,
v.
INDYMAC FEDERAL BANK; FIRST MAGNUS FINANCIAL CORPORATION; QUALITY LOAN SERVICE CORPORATION; DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF THE INDYMAC IMSC MORTGAGE LOAN TRUST 2007-F1, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-F1 UNDER THE POOLING AND SERVICING AGREEMENT DATED MAY 1, 2007 BY ONEWEST BANK FSB AS ATTORNEY IN FACT; CHARTER FUNDING; JAMES SHERGILL; AND DOES 1-20 2 INCLUSIVE, DEFENDANTS. PETER SCHWARTZ AND JULIE RATHBONE, PLAINTIFFS,
v.
INDYMAC BANK; DEUTSCHE BANK NATIONAL TRUST COMPANY; AND DOES 1-20 INCLUSIVE,
DEFENDANTS.

The opinion of the court was delivered by: John A. Mendez United States District Judge

RELATED CASE ORDER

Examination of the above-entitled actions reveals that these actions are related within the meaning of Local Rule 123 (E.D. Cal. 2005). Accordingly, the assignment of the matters to the same judge and magistrate judge is likely to affect a substantial savings of judicial effort and is also likely to be convenient for the parties.

The parties should be aware that relating the cases under Local Rule 123 merely has the result that these actions are assigned to the same judge and magistrate judge; no consolidation of the actions is effected. Under the regular practice of this court, related cases are generally assigned to the judge and magistrate judge to whom the first filed action was assigned.

IT IS THEREFORE ORDERED that the actions denominated 2:11-CV- 1177-KJM-EFB and 2:10-CV-0516-WBS-JFM be reassigned to Judge John A. Mendez and Magistrate Judge Dale A. Drozd for all further proceedings, and any dates currently set in the reassigned cases only are hereby VACATED. Henceforth, the caption on documents filed in the reassigned cases shall be shown as 2:11-CV-1177-JAM-DAD and 2:10-CV-0516-JAM-DAD.

IT IS FURTHER ORDERED that the Clerk of the Court make appropriate adjustment in the assignment of civil cases to compensate for this reassignment.

IT IS SO ORDERED.

John A. Mendez

20110608

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